The vast majority of foreign physicians who come to the United States for graduate medical training are going to be subject to INA Section 212(E) if they obtained such training with a J1 visa. J1 visa holders subject to INA Section 212(E) are required to return to their home country for a period of two … Read more
In the past couple months, we have been seeing some client obtain I-485 approvals where their priority date is not current. This is contrary to the law and may lead to a future revocation. The USCIS Service Centers are willing to allow an informal application to rescind the approval and allow the person to retain … Read more
In recent months, we have been seeing the US Consulate in Guangzhou China take a much harder line on K-1 visa applicants. In the past, the vast, vast majority of cases being approved on the day of application. Now we are seeing applicants turned away with requests for further documentation. This is becoming a hardship … Read more
The California Service Center (CSC) has indicated a greater willingness to allow conversions from L-1B visa status to L-1A visa status recently. Many L-1B visa holders would benefit greatly by this change because holding an L-1A visa status allows them to apply for permanent residence through the fast track EB-1C program which does not require … Read more
While our firm has always had great success in getting green card applications approved through the national interest waiver category, we have recently have enjoyed noteworthy success in getting them approved quickly. In the past, we normally saw cases take roughly 10-14 months for NIWs to be approved and green cards to be issued. Currently, … Read more
In nearly every H-1B petition, the petitioner is required to pay a $500 anti-fraud fee. The Department of Homeland Security (DHS) is using the proceeds of these anti-fraud fees to investigate H-1B petitioners. DHS is contracting with private investigators to make surprise visits, though they may provide advance notice if they so desire, to H-1B … Read more
If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, you will need to petition to remove the conditions before you can obtain your permanent green card. This petition is typically made in the last 90 days of the two year anniversary of obtaining your conditional green card. If … Read more
US Department of Homeland Security Secretary Janet Napolitano recently announced that widows of US Citizens will be granted deferred action for two years. Previously, foreign nationals who married US citizens via the Marriage Green Card but whose US citizen spouse died before they were able to obtain benefits were not eligible for immigration benefits. The … Read more
On May 11, 2009 the US Department of State designated Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan as “countries of particular concern” for religious freedom violations. While this determination was made in connection with any immigration laws, it can be used to support certain types of immigration petitions where the applicant … Read more
When pursuing permanent residency through employment, the applicant must choose to file his or her application through a particular employment based category. The most common categories are the EB-2 and the EB-3 categories. The EB-2 generally requires the applicant to hold a master’s degree or the equivalent and the EB-3 category requires the applicant to … Read more